Nawneet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33493 of 2021 Arising Out of PS. Case No.-803 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NAWNEET KUMAR Son of Sri Bishnudeo Sahu, Proprietor of M/S Bhagwati Traders, resident of Ward No. 13, Uttri Hajipur, P.S. and District - Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aligarh Locks Private Limited through Pankaj Jalan S/O Late Murari Prasad Jalan, Resident of Pirmohani, P.S.- Ghandhi Maidan, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kr. Singh, Sr. Advocate Mr. Raj Dular Sah, Advocate Mr. Praveen Prakash, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 803 (c)/2018 registered for offence punishable under sections 406, 409, 420 of the Indian Penal Code and section 138 of the N.I. Act.

As per allegation, Rs.60,30,493/- was due to the petitioner from the complainant, Aligarh Locks Private Limited. Admittedly, out of which, Rs.43,47,000/- has been paid. A cheque of Rs.80,000/- was issued by the present petitioner and it could not be liquidated due to stop payment order to the Bank

Patna High Court CR. MISC. No.33493 of 2021(2) dt.07-04-2022 2/2 by the petitioner.

The learned counsel for the petitioner has submitted that the entire rest amount of Rs.16,83,943/- has already been paid to the complainant and till date, there is no due of the complainant against the petitioner. In this respect, a supplementary affidavit has been filed, which is on record as flag 'X'.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 803(c)/2018, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T